DAWN LORRAINE GREENFIELD v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 155
The Court dismissed the recall application because the judgment had already addressed the appellant's contentions and no exceptional grounds for recall were established; the application amounted to an attempt to relitigate the appeal.
Source-derived case information.
- Citation
- [2015] NZSC 155
- Parties
- Appellant: Dawn Lorraine Greenfield; Respondent: The Chief Executive of the Ministry of Social Development
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 October 2015
- Procedural Posture
- Appeal / Application for Recall of Judgment
- Outcome
- Application for recall dismissed
- Legal Topics
- Recall of Judgment, Residency for Benefits, Finality of Litigation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dawn Lorraine Greenfield
Appellant
The Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Appeal / Application for Recall of Judgment
Legal Issues
- 1 Whether the applicant established grounds for recall of the Court's judgment
- 2 Whether the Court overlooked the appellant's contention that she lived in Singapore only for missionary work and retained New Zealand as her permanent home
- 3 Whether the application impermissibly sought to relitigate issues already decided
Ratio Decidendi
The Court dismissed the recall application because the judgment had already addressed the appellant's contentions and no exceptional grounds for recall were established; the application amounted to an attempt to relitigate the appeal.
Court Disposition
Application for recall dismissed
Orders
- Application for recall of judgment dismissed
Full Case Text
Judgment text and source record
1 paragraphs
DAWN LORRAINE GREENFIELD v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 155 [27 October 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 10/2015[2015] NZSC 155BETWEEN DAWN LORRAINE GREENFIELDAppellantAND THE CHIEF EXECUTIVE OF THEMINISTRY OF SOCIAL DEVELOPMENTRespondentCourt: Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJCounsel: P D McKenzie QC and A J McGurk for AppellantK G Stephen and N E Bailey for RespondentJudgment: 27 October 2015JUDGMENT OF THE COURTThe application for recall is dismissed.____________________________________________________________________REASONS[1] The appellant has applied to the Court for an order recalling its judgment.1The grounds for recall are diffuse but principally suggest that the Court overlooked the appellant's contentions that she lived in Singapore - where she had residency, rented accommodation and paid taxes - only for the purposes of her missionary work and would return to New Zealand when she had completed that work and that she regarded New Zealand as her permanent home.[2] The text of the judgment makes it clear that the appellant's position and arguments were understood and addressed. No basis for recall has been put forward. Rather, the application attempts to relitigate the appeal.Solicitors:Robert Brace, Porirua for AppellantCrown Law Office, Wellington for Respondent1 Greenfield v Chief Executive of the Ministry of Social Development [2015] NZSC 139.